Notes to the Report to the Counterterrorism Committee pursuant to paragraph 6 of Security Council Resolution 1373 of 28 September 2001 Implementation of UNSCR 1373

December 19, 2001

[1] For further information on U.S. laws, see the following web sites: http://www.access.gpo.gov/su_docs/aces/dcff001.html#usc (for a database index); http://www.access.gpo.gov/congress/cong013.html (for U.S. Codes (U.S.C.)); and, http://www.access.gpo.gov/su_docs/aces/dcff001.html#cfr (for the Combined Federal Register (CFR))

[2] 8 U.S.C. � 1189

[3] "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Acts of 2001," Pub. L. No. 107-56, H.R. 3162, 107th Congress (2001)

[4] 18 U.S.C. � 2339A

[5] 18 U.S.C. � 2339A

[6] 18 U.S.C. � 981(a)(1)(A) would authorize forfeiture for the transaction offense, and 18 U.S.C. � 981(a)(1)(C) would authorize forfeiture for the proceeds offense.

[7] 18 U.S.C. � 2339B

[8] 12 U.S.C. � 2339B

[9] 8 U.S.C. � 1189

[10] 18 U.S.C. � 981(a)(1)(A) (as property involved in a violation of 18 U.S.C. � 1956(a)(2)(A)

[11] 31 U.S.C. � 5317(e)

[12] 31 U.S.C. � 5332 (the new Bulk Cash Smuggling offense)

[13] See, e.g., 31 Combined Federal Register (C.F.R.) Part 597

[14] 19 U.S.C. � 1595a

[15] See also 18 U.S.C. � 545 (civil forfeiture for articles imported contrary to law)

[16] 18 U.S.C. � 373 makes it a criminal offense to solicit a person to commit a violent crime.

[17] �212(a)(3)(B)(iv)(V) of the Immigration and Nationality Act (INA), 8 U.S.C. �1182

[18] Title 18 of the U.S.C. (Chapter 44 - Firearms) 18 U.S.C. �� 921, et seq.

[19] 22 U.S.C. �2778 and the International Traffic in Arms Regulations (ITAR)

[20] 18 U.S.C. �� 2339A, 2339B. Penalties for each violation can include criminal fines and imprisonment of up to fifteen years. As of December 4, 2001, 28 groups are designated as Foreign Terrorist Organizations.

[21] �212(a)(3)(B)(iv)(V) of the Immigration and Nationality Act (INA), 8 U.S.C. �1182

[22] 18 U.S.C. � 2339A. Penalties for each violation can include criminal fines and incarceration of up to fifteen years.

[23] 18 U.S.C. � 2339B. Penalties for each violation can include criminal fines and incarceration of up to fifteen years.

[24] 18 U.S.C. �� 1956 and 1957

[25] Penalties for each violation can include enhanced criminal fines and incarceration of up to twenty years. Section 1957 makes it a crime to engage in a monetary transaction in property derived from specified unlawful activity, such as 18 U.S.C. �� 2339A and/or 2339B. Transactions under � 1957 need not be entirely domestic, but can be, and in some cases must be, international to meet the elements of the violation. Penalties for each violation can include criminal fines and incarceration of up to ten years.

[26] 18 U.S.C. �� 981 and 982

[27] For example, 18 U.S.C. � 956 makes it a crime to conspire to kill, maim, or injure persons or damage property in a foreign country; 18 U.S.C. � 2332b makes it a crime to engage in acts of terrorism transcending national boundaries; 18 U.S.C. � 2332a(b) makes it a crime for a national of the United States to use certain weapons of mass destruction outside the United States; 18 U.S.C. � 1116 the murder or manslaughter of foreign officials, official guests, or internationally protected persons a crime; 18 U.S.C. � 1119 makes a foreign murder of a U.S. national a crime; 18 U.S.C. � 32 makes it a crime to destroy aircraft of aircraft facilities within or outside the U.S.; and finally, 49 U.S.C. �� 46502 -- 46507 make it a crime to engage in aircraft piracy or carry a weapon or explosive on an aircraft.

[28] E.g. 18 U.S.C. � � 2332a and 2332b

[29] While the terrorist financing statutes at 18 U.S.C. �� 2339A and 2339B each authorize imposition of a period of 15 years incarceration for each violation, under the Sentencing Guidelines, a multiple count conviction could result in a sentence of considerably more time than 15 years.

[30] The maximum period of incarceration for a single violation of 18 U.S.C. � 1956 is 20 years. The maximum period of incarceration for a single violation of 18 U.S.C. � 1957 is 10 years.

[31] U.S. v. Yousef, 1999 WL 714103 (S.D.N.Y. 1999) (defendant convicted of conspiring to bomb U.S. passenger airlines in violation of 18 U.S.C. � 32, the implementing statute of the Montreal Convention) [For list of charges, see U.S. v. Yousef, 925 F. Supp. 1063 (S.D.N.Y. 1996)]. Cf., U.S. v. Rashed, 234 F.3d 1280 (D.C. Cir. 2000)

[32] U.S. v. Rezaq, 134 F.3d 1121 (D.C. Cir. 1998) (affirming defendant's conviction for aircraft piracy in violation of 49 U.S.C. � 46501, the implementing statute of the Hague Convention). Cf., U.S. v. Mena, 933 F.2d 19 (1st Cir. 1991); U.S. v. Pablo-Lugones, 725 F.2d 624 (11th Cir. 1984)

[33] U.S. v. Lue, 134 F.3d 79 (2d Cir. 1998) (affirming hostage-taking conviction/plea under 18 U.S.C. � 1203, the implementing legislation for the Hostages Convention). Cf., U.S. v. Lin, 101 F.3d 760 (D.C. Cir. 1996); U.S. v. Lopez-Flores, 63 F.3d 1468 (9th Cir. 1995); U.S. v. Carrion-Caliz, 944 F.2d 220 (5th Cir. 1991)

[34] U.S. v. Omar Ahmad Ali Abdel Rahman, et al., S.D.N.Y. (prosecution against ten defendants for conspiracy to bomb the U.N. and other public buildings and facilities and military installations, as well as conspiracy to murder Egyptian President Hosni Mubarak, the latter offense in violation of 18 U.S.C. �� 1116 and 1117, the implementing statutes for the Internationally Protected Persons Convention; all defendants convicted on all counts; unreported trial court decision; post-trial decision, affirmed in part, remanded in part, 189 F.3d 88 (2d Cir. 1999), cert. denied, 528 U.S. 1094 (2000). Cf., U.S. v. Usama Bin Laden, et al., S.D.N.Y, no reported post-trial decision or appeal; U.S. v. Shirosaki, unreported case, D.D.C. 1998, affirmed without opinion, 194 F.3d 175 (D.C. Cir. 1999), cert. denied, 528 U.S. 1081 (2000)

[35] 49 U.S.C. �� 46501, 06

[36] 49 U.S.C. � 46501-02

[37] 18 U.S.C. � 31-32, 49 U.S.C. � 46501

[38] 18 U.S.C. �� 112, 878, 1116 & 1201(e)

[39] 18 U.S.C. � 1203

[40] 18 U.S.C. � 831

[41] 18 U.S.C. � 37

[42] 18 U.S.C. � 2280

[43] 18 U.S.C. � 2281

[44] 18 U.S.C. �� 841(o)-(p), 842(l)-(o), 844 (a)(1) & 845(c), 19 U.S.C. � 1595a, 18 U.S.C. � 842(m)-(o)